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This settlement is closed!
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Spark Networks USA LLC has agreed to settle a class action lawsuit alleging it sent commercial emails for its dating sites that contained falsified, misrepresented or forged header information.
The deceptive email class action lawsuit alleged Spark, by or through affiliate networks, violated California law by advertising in or sending commercial emails that contained falsified, misrepresented or forged header information. The plaintiffs allege each Class Member is entitled to statutory damages of $1,000.
The emails at the heart of the Spark class action lawsuit are allegedly misleading or deceptive because they do not identify Spark or its brand name in the “from” field, because the email has an inaccurate “sent” date, contains a domain name that is not readily traceable, does not have a method to unsubscribe from the emails online, has a non-functional return email address, has a subject line that appears to be deceptive, contains deceptive material in the email body, or has the name of a person who likely does not exist listed in the “from” field.
The defendants deny any wrongdoing but agreed to pay $575,000 to settle the deceptive email class action lawsuit to avoid the cost and risk of further litigation. If the Spark email settlement is approved, Class Members will be eligible to receive a maximum of $450 for each qualified email they received.
In addition to offering compensation to Class Members, Spark Networks has also agreed to change its email practices to correct the issues listed in the deceptive email class action lawsuit.
Who’s Eligible
To qualify as a Class Member of the Spark email settlement, you must have received, while living in California, a commercial email advertisement that you (1) reasonably believe is materially misleading, fraudulent, or otherwise unlawful that marketed and (2) was disseminated or sent by on behalf of Spark Networks since Oct. 16, 2008 for:
• JDate.com
• ChristianMingle.com
• BlackSingles.com
• LDSSingles.com
• SilverSingles.com
• Believe.com
• DailyBibleVerse.com
• Faith.com
• ChristianCards.net
• LDSMingle.com
• HurryDate.com
• BBWPersonalsPlus.com
• Spark.com
• CatholicMingle.com
• JDate.fr
• JDate.co.uk
• JDate.co.il
• Cupid.co.il
• AdventistSinglesConnection.com
• iMinistries.org
• MatchNet.com
• DeafSinglesConnection.com
• MilitarySinglesConnection.com
Potential Award
Up to $450 per email. The award will be based on the number of valid claims received. The Claims Administrator will determine the per email award by dividing the net settlement fund by the number of qualified emails. The actual award may be reduced on a pro rata basis, depending on how many qualified emails are submitted. Class Members may submit claims for a maximum of 200 qualified emails.
For example, if the net settlement fund is $300,000 and a total of 1,000 qualified emails are submitted, each email will be worth $300. In this situation, a Class Member who submitted claims for 10 qualified emails would receive a payment of $3,000.
Proof of Email Receipt
Class Members must submit a copy of the allegedly unlawful email along with verification that the submitted email was actually received and not fraudulent. Class Members can submit an original email, photocopy, electronic copy or scanned copy of the emails they received.
Claim Form Deadline
12/23/2014
Case Name
Kristina Kirby, et al. v. Spark Networks USA LLC, et al., Case No. BC493892, in the Superior Court of the State of California, County of Los Angeles
Final Hearing
2/3/2015
Settlement Website
Claims Administrator
Kirby v. Spark Networks USA
c/o Garden City Group Inc.
P.O. Box 10064
Dublin, OH 43017-6664
1-844-322-8152
info@SparkEmailSettlement.com
Class Counsel
KABATECK BROWN KELLNER LLP
THE LAW OFFICES OF DANIEL BALSAM
WALTON TWU LLP
Defense Counsel
GIBSON DUNN & CRUTCHER LLP
UPDATE: On June 4, 2015, viewers began reporting they had received checks in the mail from the Spark Networks class action settlement. Some of these payments were reportedly worth thousands of dollars. Congratulations to everyone who submitted a valid claim and got PAID!
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95 thoughts onSpark Networks Deceptive Email Class Action Settlement
Talked with gcg today w9 will be going out in the coming weeks with confirmation of how many emails were accepted under the class final approval waqs given on March 2nd hope it goes well .
what number did you call to speak with admin?
wow i just hope that no one appeals the process and make way for speedy payout Thanks for all the info
that would be like 18,000 or so for me praying
@ fred thank you i hope we get it soon lol
@celtics fan Thanks for the info. I got no rejection letter for my submission, so I assume they were all approved… ) Search LA Superior Court database for case # BC493892:
Filing Date: 10/16/2012
Case Type: Other Commercial/Business Tort (General Jurisdiction)
Status: Dismissed – Other 03/02/2015
03/02/2015 Order (and judgment granting final approval of class action settlement conformed copy in pick up box)
02/25/2015 Miscellaneous-Other (RECEIVED PROPOSED ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT RECEIVED)
@fred i received a letter say i was aprove for some of my emails not all and were did you get the info its been approved im still waiting for them to update it they went to court on the 25 of feb
Looks like final approval was granted; any word on when distribution will happen? Also, did everybody get a letter (approval and/or denial), or just people with denied claims? The settlement agreement said letters would be sent only to denied claims, not to approved ones.
wow if so i have over 50 emails that will bw nice
Bob, detailed information is in the court documents posted on the website. Motion for final approval gives the exact amount, after costs, that will be paid for each approved email. I also saw a full calculation breakdown on one of the documents but I don’t remember which one. There is also detailed information from the claims administrator on all the claims submitted. Very interesting read.
where did you get that info at i could not find that
Court documents state, final net payments for each of the covered emails is $350.00 for class members who submitted timely claims. I also received a letter from the claims administrator verifying I had 22 valid covered emails. So my check will be about $7,700! I hope my math is correct because that is quite impressive!